SOUTH AUSTRALIA]

No. 13

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

THURSDAY  21 JUNE  2007

 

 

 

   1.

Council met pursuant to adjournment.  The President (The Hon. R. K. Sneath) took the Chair.

                 The President read prayers.

 

Meeting of
Council.

 

   2.

The Minister for Police (The Hon. P. Holloway), without notice, moved - That the Standing Orders be so far suspended as to enable Petitions, the Tabling of Papers and Question Time to be taken into consideration at fifteen minutes past two o’clock.

                 Question put and passed, without a dissentient voice, there being present an absolute majority of the whole number of Members of the Council.

 

Suspension
of Standing
Orders.

 

   3.

Ordered - That the Orders of the Day (Government Business) No. 1 to No. 3 be postponed and taken into consideration after Order of the Day (Government Business) No. 4.

 

Postponement
of Business.

 

   4.

On the Order of the Day being read for the adjourned debate on the question - That the Criminal Law (Clamping, Impounding and Forfeiture of Vehicles) Bill be now read a second time:

                 Debate resumed.

                 On motion of the Hon. R. P. Wortley, the debate was adjourned and ordered to be resumed on motion.

 

Criminal Law
(Clamping,
Impounding and
Forfeiture of
Vehicles) Bill.

 

   5.

Ordered - That the Orders of the Day (Government Business) No. 1 to No. 3 be postponed and taken into consideration after Order of the Day (Government Business) No. 5.

 

Postponement
of Business.

 

   6.

On the Order of the Day being read for the adjourned debate on the question - That the Correctional Services (Miscellaneous) Amendment Bill be now read a second time:

                 Debate resumed.

                 On motion of the Hon. R. P. Wortley, the debate was adjourned and ordered to be resumed on motion.

 

Correctional Services
(Miscellaneous)
Amendment Bill.

 

   7.

Ordered - That Orders of the Day (Government Business) No. 1 to No. 3, No. 6 and No. 7 be postponed and taken into consideration after Order of the Day (Government Business) No. 8.

 

Postponement
of Business.

 

   8.

On the Order of the Day being read for the adjourned debate on the question - That the Criminal Assets Confiscation (Serious Offences) Amendment Bill be now read a second time:

                 Debate resumed.

                 On motion of the Hon. J. M. Gazzola, the debate was adjourned until next day of sitting.

 

Criminal Assets
Confiscation
(Serious Offences)
Amendment Bill.

 

   9.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of the Criminal Law (Sentencing) (Dangerous Offenders) Amendment Bill.

 

In the Committee

 

                          Clauses No. 1 to No. 7 agreed to.

                          Clause No. 8 read.

                 The Minister for Police moved on page 3, lines 28 to 32, to leave out paragraph (ab) and insert the following:

    “(ab)    if fixing a non‑parole period in respect of a person sentenced to life imprisonment for an offence of murder, the mandatory minimum non‑parole period prescribed in respect of the offence is 20 years;”.

                 To report progress and ask leave to sit again.

_____________________

 

                 The President resumed the Chair and reported progress and obtained for the Committee leave to sit again on next day of sitting.

 

 

Criminal Law
(Sentencing)
(Dangerous
Offenders)
Amendment Bill.

 

10.

Ordered - That the adjourned debate on the question - That the Criminal Law (Clamping, Impounding and Forfeiture of Vehicles) Bill be now read a second time - be now resumed.

                 Debate resumed.

                 On motion of the Hon. B. V. Finnigan, the debate was adjourned until next day of sitting.

 

Criminal Law
(Clamping,
Impounding and
Forfeiture of
Vehicles) Bill.

 

 

11.

Ordered - That the adjourned debate on the question - That the Correctional Services (Miscellaneous) Amendment Bill be now read a second time - be now resumed.

                 Debate resumed.

                 On motion of the Hon. B. V. Finnigan, the debate was adjourned ordered to be resumed on motion.

 

Correctional Services
(Miscellaneous)
Amendment Bill.

 

12.

Ordered - That Order of the Day (Government Business) No. 2 be an Order of the Day for next day of sitting.

 

Postponement
of Business.

 

13.

On the Order of the Day being read for the adjourned debate on the question - That the Environment Protection (Site Contamination) Amendment Bill be now read a second time:

                 Debate resumed.

                 On motion of the Hon. B. V. Finnigan, the debate was adjourned until next day of sitting.

 

Environment
Protection (Site
Contamination)
Amendment Bill.

 

14.

At ten minutes past twelve o’clock the sitting was suspended until the ringing of the bells.

                 At fifteen minutes past two o’clock the sitting was resumed.

 

Suspension and
Resumption of
Sitting.

 

 

15.

The Clerk announced that the following Petition had been lodged for presentation:

                 By the Hon. S. M. Kanck from 191 residents of South Australia, concerning plans to drain Lake Bonney and build a weir at Wellington.  The Petitioners pray that this Honourable House will do all in its power to support measures to obtain water for urban and agricultural purposes that do not disrupt the natural operations of the River Murray system.

Petitions:

No. 4 - Plans to
Drain Lake Bonney
and Build a Weir at
Wellington.

 

 

 

                 By the Hon. S. M. Kanck from 116 residents of South Australia, concerning voluntary euthanasia.  The Petitioners pray that this Honourable House will support the Voluntary Euthanasia Bill 2006 to enable law reform in South Australia to give citizens the right to choose voluntary euthanasia for themselves as such legislation, if enacted, would contain stringent safeguards against misuse of the provisions of the Act.

 

No. 5 - Voluntary
Euthanasia.

 

  16.

The following Paper was laid upon the Table, viz.:

        By the Minister for Correctional Services (The Hon. C. Zollo) -

                 Report on actions taken following the Coronial Inquiry into the Death in Custody of Leonard Norman Harkin - Report prepared by the Department of Corrections, May 2007.

 

Paper.

 

17.

The Minister for Police, by leave, tabled a copy of a Ministerial Statement made by the Premier (The Hon. M. D. Rann, M.P.) concerning Recommendations of the Senior Officials Third Dry Inflows Contingency Planning Report or the Murray-Darling Basin.

 

Ministerial
Statement Tabled.

 

18.

The President made the following Statement:

                 “I have to advise Members that I have received from Her Excellency The Governor a copy of a letter from the Assistant Private Secretary to The Queen, which I now read:

“Buckingham Palace.

7th June 2007.

        Dear Ms. Stratmann,

                 Thank you for your letter of 1st June detailing the words of appreciation delivered by the President of the Legislative Council to The Queen on 24th April.

                 I have laid your letter before Her Majesty who is grateful to you for writing.

Yours sincerely,

                      Edward Young,

Assistant Private Secretary to The Queen.”

 

President’s
Statement.

 

 

19.

Ordered - That the adjourned debate on the question - That the Correctional Services (Miscellaneous) Amendment Bill be now read a second time - be now resumed.

                 Debate resumed.

                 Question put and passed.

                 Bill read a second time.

                 The President then left the Chair, and the Council resolved itself into a Committee of the Whole for the consideration of the Bill.

 

In the Committee

 

                          Clauses No. 1 to No. 7 agreed to.

                          Title agreed to.

_____________________

 

                 The President resumed the Chair, and reported that the Committee had considered the Bill and had agreed to the same without amendment; whereupon the Council adopted such report.

                 The Minister for Emergency Services, pursuant to contingent notice, moved - That the Standing Orders be so far suspended as to enable the Bill to pass through its remaining stages without delay.

                 Question put and passed.

                 Bill read a third time.

                 Resolved - That this Bill do now pass.

 

Correctional Services
(Miscellaneous)
Amendment Bill.

 

20.

Ordered - That Order of the Day (Government Business) No. 6 be an Order of the Day for next day of sitting.

 

Postponement
of Business.

 

21.

The Council, according to order, resolved itself into a Committee of the Whole for the further consideration of the Julia Farr Services Trusts Bill.

 

In the Committee

 

                          Clause No. 1 further considered.

Julia Farr Services
Trusts Bill.

 

 

 

                 The Minister for Police, by leave, tabled a copy of a letter to the Minister for Disability Services (The Hon. J. Weatherill, M.P.) from Peter Stuart, Board Chair, Julia Farr Services and Julia Farr Association, dated 21 June 2007.

                 The Hon. S. G. Wade moved - That the Chairperson report progress and the Committee seek leave to sit again.

                 Question put.

Document Tabled.

 

 

             Committee divided:

Ayes, 11

The Hon. A. M. Bressington

The Hon. J.S.L. Dawkins

The Hon. A. L. Evans

The Hon. D.G.E. Hood

The Hon. S. M. Kanck

The Hon. R. D. Lawson

The Hon. R. I. Lucas

The Hon. M. C. Parnell

The Hon. D. W. Ridgway

The Hon. T. J. Stephens

The Hon. S. G. Wade (Teller)

      So it was resolved in the affirmative.

 

Noes, 5

The Hon. B. V. Finnigan

The Hon. J. M. Gazzola

The Hon. I. K. Hunter

The Hon. C. Zollo

The Hon. P. Holloway (Teller)

 

 

 

_____________________

 

                 The President resumed the Chair and reported progress and obtained for the Committee leave to sit again on next day of sitting.

 

 

 

22.

Ordered - That the Committee, at its rising, do adjourn until Tuesday, 24 July 2007, at fifteen minutes past two o’clock.

 

Next Meeting.

 

 

23.

Ordered - That Orders of the Day (Government Business) No. 9 to No. 11 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

 

24.

Council adjourned at nineteen minutes past four o’clock until Tuesday, 24 July 2007, at fifteen minutes past two o’clock.

 

Adjournment.

 

 

_________________________

 

 

 

 

 

 

Members present during any part of the sitting:

 

 

 

 

The Hon. A. M. Bressington

The Hon. J.S.L. Dawkins

The Hon. A. L. Evans

The Hon. B. V. Finnigan

The Hon. G. E. Gago

The Hon. J. M. Gazzola

The Hon. P. Holloway

 

The Hon. D.G.E. Hood

The Hon. I. K. Hunter

The Hon. S. M. Kanck

The Hon. R. D. Lawson

The Hon. J.M.A. Lensink

The Hon. R. I. Lucas

The Hon. M. C. Parnell

 

The Hon. D. W. Ridgway

The Hon. C. V. Schaefer

The Hon. T. J. Stephens

The Hon. S. G. Wade

The Hon. R. P. Wortley

The Hon. C. Zollo